Judge sentences gang rape leader for 40 years

PM - Friday, 26 November , 2004 18:21:57

Reporter: David Hardaker

MARK COLVIN: A New South Wales judge today handed out a near record sentence for gang rape, with the ringleader being given 40 years' jail with a non-parole period of 30 years.

Justice Michael Finnane found that the offences were racially motivated, and he described the injuries to the 16-year-old victim as the worst he had seen in his life in the legal profession.

Justice Finnane was the same judge who two years ago sentenced the gang rapist, Bilal Skaf, to 55 years in prison for his role as ringleader in the rape of a young woman in Sydney's south-west.

David Hardaker reports.

DAVID HARDAKER: The family was literally minding its own business. Dad was watching television, as was the mother. Their daughter was on the computer.

Outside, four young men were looking to rob a house, but the victims had to be Asian, because Asians were likely to have cash and jewellery.

Unfortunately for this family, they fitted the bill.

In the words of the New South Wales District Court Judge, Michael Finnane, in the space of about two hours, they plundered, pillaged and raped.

The young girl had only just turned 16.

Judge Finnane remarked that in his 35 years in the legal profession he'd been involved in many rape trials, but that he'd never seen a rape victim with such severe injuries.

The detective who led the investigation was Inspector Peter Yeomans.

PETER YEOMANS: Quite obviously it's impacted on their lives and still impacting today.

DAVID HARDAKER: Is it something you think they can ever put behind them?

PETER YEOMANS: I would find it very difficult. There's a saying that time heals old wounds. I, you know, like in this case it would be very difficult.

DAVID HARDAKER: The young girl was only 16 at the time. How is she coping, mentally, now?

PETER YEOMANS: It's very difficult for her, both physically and mentally. You know, there obviously are and will be issues there from now and in the future. It's just continually difficult for her. It's no different to if the matter happened yesterday. I mean, it's now 14 months since the offence has occurred, and it's still very difficult for her.

DAVID HARDAKER: Tell me about your reaction to the case, meeting the family and knowing the fine detail of what occurred.

PETER YEOMANS: Well, the family are just a normal everyday family. They've just got one child and mum and dad are working very hard to put their daughter through school, and in saying that it makes it even more difficult when you see that they're just the Joe average family, and in fact the type of crime that was perpetrated on them that it can be anybody's family.

And Judge Finnane, in his sentencing today, made it very clear that he thought it was one of the worst cases of sexual assault that he had ever seen in his 35 years both on the bench and in his legal fraternity. And the injuries that were sustained were obviously, as a result of these assaults, reflected the sentence that was given today.

DAVID HARDAKER: And is it in the worst case that you've seen as a police officer?

PETER YEOMANS: Well, David, I would by far, by far it's the worst case, and one could even not think of a worse scenario. I couldn't think of anything worse, and even in saying that is the fact that a doctor who is a well-trained and well-seasoned doctor in these type of matters and has dealt with these type of matters for numerous years, and I dealt with it before, actually broke down in the witness box in relation to the injuries themselves.

DAVID HARDAKER: The ringleader was known in court as Dudley Mark Hill, an Aboriginal man from Mount Druitt in Sydney's West.

Judge Finnane said Hill's criminal record made for "depressing reading".

Hill, who's 32 years old, had never done a day's work outside of a prison. He was 10 years old when he first appeared before a court and first in custody at the age of 11. He was arrested time and again for stealing and breaking and entering.

As an adult he graduated to robbery, malicious wounding and drug offences.

Hill was on what the judge called "conditional liberty" at the time of the offence.

Inspector Peter Yeomans believes that Hill's sentence of 40 years acts as a strong deterrent.

PETER YEOMANS: And one could say that the community does expect that these sort of people will be dealt with in this fashion, now and in the future.

DAVID HARDAKER: The judge remarked that the ringleader had no remorse for what he did, that in the judge's opinion he's a cold, callous, vicious and extremely dangerous criminal. Is that an assessment you'd share?

PETER YEOMANS: I would. Yes, I would. I would, I think the judge has said it very eloquently, and I couldn't go any further than that, only to say that, you know, he's really evil personified, and to have no contrition for what he did is just beyond belief.

DAVID HARDAKER: In passing his sentence, Judge Finnane saw no grounds for leniency because of Hill's Aboriginal background or the fact that he's spent most of his 32 years in jail.